scm1133

Hi!

We just had our I-130 approved - I'm American and my husband is English. We'd like to move to the states in December and anticipate that we will finish the process before that time. Are we able to travel to the states, but not move permanently, after he receives the immigrant visa? Or, is our first trip to the states after the visa meant to be our permanent move?

We are processing everything through the embassy in London!

Any and all guidance would be great - we're still waiting on information regarding the medical appoints, interview, etc so any timelines you know of would be helpful there too! I found info for the US based process, but not the UK process...

Thanks!!

Noorah101

Once you have the Immigrant Visa in your passport, your next trip to the USA will activate your PR status. You must make that first trip to the USA within 6 months of obtaining the visa.

You are allowed to enter the USA, become a PR, and then go back home to tie up loose ends. Just be aware that as of the date you enter the USA, your permanent home will be the USA, and you shouldn't stay outside the USA very long (you put yourself at risk for abandoning your PR status).

Rene

S Folinsky

Links FYI
Matter of Kane
Matter of Huang

meauxna

If you clarify what you mean by this, you'll probably get better answers; too many questions in there to answer.

http://britishexpats.com/wiki/DCF_I-...led_In_London_

scm1133

Ok, thanks!

Basically: How many times and for how long can we go back and forth between the US and the UK after my husband receives his immigrant visa before he threatens his PR status?

We anticipate that he will receive it in July and would not like to move until December. However, we'd like to go back for a month or so in October and again for Thanksgiving.

Any guidance on this would be great!

S Folinsky

Nothing "basic" about this question. The legal rubric is "case by case" which means "who the hell knows?" Take a look at the two links I gave you already -- Kane and Huang are the "mother" cases on the subject.

meauxna

As Folinsky is trying to point out, it's a somewhat complicated question and your information still doesn't inform about your intention. I don't know if reading the case law will make it anymore understandable.

An absence of even one day can threaten his PR status, but it's all down to individual cases.

Let's try to put it the other way 'round. Once your husband enters the US with his Immigrant Visa, he IS a US Permanent Resident. Note the construct of the title. From that point, he is expected to make the US his permanent home.
He is of course free to travel outside the US and can in fact return to the UK to 'tie up loose ends' but the devil is in the details. YOU are also supposed to be 'domiciled' in the US from his entry time (ie move here).

scm1133

Thank you for passing on the links - didn't see 'em the first time! It does appear to be complicated. Especially since my employment starts in the states in Jan 11 (moving in dec 10). We will need to prove out intent to leave and he can't give his notice until 2 months before we head out.

scm1133

Gotcha. Thank you for clarifying! I appreciate all of your help. I wonder if we could delay his interview appointment to push the date past October? Otherwise, we would have to start the whole process over again.

meauxna

Are you starting to 'move' to the US in October?
Setting up housing etc?

Yes, it's possible (not necessarily desirable) to push the visa interview back.

Folinsky in the past has stated that it is fine for people to arrive with an Immigrant Visa, be admitted as a PR, and turn around and head out on the next flight if need be.

scm1133

Ooops, sorry for the multiple posts. I wasn't sure what you meant by our 'intent.' Essentially, I have a job in the states that is letting me work remote in London (I started in the London office 2 years ago and they transferred me to the US team) until my husband's visa is processed. However, after we started the process, they asked if I would finish out the year over here. I am completely within my rights to say no and relocate this summer, but it would be a great career opportunity to stay so I wanted to find out the options we had going forward with Jon's visa.

We need to be in the states in October bc we are having a big wedding anniversary party (because we didn't have wedding reception) and then my husband needs to come back, give his notice, and I need to get ready to move back to the states.

We're just looking into a) if this is possible and b) what options we have moving forward.

Thanks for all of the help!

Noorah101

You have two possible scenarios, to my layman's eyes:

1. Receive Immigrant Visa in July and use it right away to move to the USA. Then take a short trip outside the USA in October for the anniversary celebration. Then take another short trip outside the USA in November for Thanksgiving. I don't see any problems there.

2. Receive Immigrant Visa in July and then stay put in the UK until you want to make the big move in December. As long as the Immigrant Visa is used within 6 months of its issue, there should be no problem.

Rene